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JOEY BAUTISTA vs STATE BOARD OF ADMINISTRATION, 19-004819 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-004819 Visitors: 46
Petitioner: JOEY BAUTISTA
Respondent: STATE BOARD OF ADMINISTRATION
Judges: JOHN G. VAN LANINGHAM
Agency: State Board of Administration
Locations: Lauderdale Lakes, Florida
Filed: Sep. 12, 2019
Status: Closed
Recommended Order on Monday, December 7, 2020.

Latest Update: Dec. 23, 2024
Summary: The issue in this proceeding is whether Petitioner was convicted of specified criminal offenses, requiring the forfeiture of all his rights and benefits under the Florida Retirement System, except for the return of accumulated contributions.Petitioner was convicted of specified criminal offenses, requiring the forfeiture of all his rights and benefits under the Florida Retirement System, except for the return of accumulated contributions.
SBIZHUB@sba21030315120

ORDERED

The Petitioner, Joey Bautista, has forfeited his rights and benefits under the Florida Retirement System Investment Plan pursuant to Sections 112.3173(2)(e)2 and 4., Florida Statutes, except for the return ofhis accumulated employee contributions, by having pied nolo contendere to the felony counts of official misconduct and grand theft from his public employer, and despite the fact adjudication was withheld.

Any party to. this proceeding has the right to seek judicial review of the Final Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the State Board of Administration in the Office of the General Counsel, State Board of Administration, 1801 Hermitage Boulevard, Suite 100, Tallahassee, Florida, 32308, and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within thirty (30) days from the date the Final Order is filed with the Clerk of the State Board of Administration.


DONE AND ORDERED this _4th day of March, 2021, in Tallahassee, Florida.


STATE OF FLORIDA

STATE BOARD OF ADMINISTRATION


Daniel Beard

Chief of Defined Contribution Programs Office of Defined Contribution Programs State Board of Administration

1801 Hermitage Boulevard, Suite 100

Tallahassee, Florida 32308

(850) 488-4406


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FILED ON THIS DATE PURSUANT TO SECTION 120.52, FLORIDA STATUTES WITH THE DESIGNATED CLERK OF THE STATE BOARD OF ADMINISTRATION, RECEIPT OF WHICH IS.HEREBY ACKNOWLEDGED.


Tina Joanos, Agency Clerk


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy ofthe foregoing Final Order was sent by electronic mail to Soeurette Michel, Esq., Counsel for Petitioner, smichellaw@gmaiol.com , and by UPS to: The Michel Law Firm, LLC, 3440 Hollywood Blvd., Suite 415, Hollywood, FL 33021-6933; and by electronic mail to Rex D. Ware, Esq., at Moffa, Sutton & Donnini, P.A., 3500 Financial Plaza, Suite 330, Tallahassee, Florida 32312, RexWare@FloridaSalesTax.com , this _4th_ day of March, 2021.


Ruth A. Smith

Assistant General Counsel

State Board of Administration of Florida 1801 Hermitage Boulevard

Suite 100

Tallahassee, FL 32308


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Docket for Case No: 19-004819
Issue Date Proceedings
Mar. 19, 2021 Agency Final Order filed.
Dec. 07, 2020 Recommended Order (hearing held October 19, 2020). CASE CLOSED.
Dec. 07, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Nov. 18, 2020 Petitioner's Proposed Recommended Order filed.
Nov. 13, 2020 Order Granting Extension of Time.
Nov. 13, 2020 Unopposed Motion for Extension of Time filed.
Nov. 12, 2020 Respondent's Proposed Recommended Order filed.
Nov. 04, 2020 Notice of Filing Transcript.
Nov. 04, 2020 Transcript of Proceedings (not available for viewing) filed.
Oct. 19, 2020 CASE STATUS: Hearing Held.
Oct. 13, 2020 Notice of Appearance (Jonathan Taylor) filed.
Oct. 12, 2020 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 12, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 12, 2020 (Amended) Petitioner's Filing of Proposed Exhibits filed.
Oct. 12, 2020 Petitioner's Filing of Proposed Exhibits filed.
Oct. 09, 2020 Respondent's Notice of Filing Proposed Exhibits filed.
Oct. 08, 2020 Amended Notice of Hearing by Zoom Conference (hearing set for October 19, 2020; 9:00 a.m., Eastern Time).
Oct. 08, 2020 Order Granting Unopposed Motion for Virtual Final Hearing.
Oct. 08, 2020 Unopposed Motion for Virtual Final Hearing filed.
Oct. 05, 2020 Joint Pre-Hearing Stipulation filed.
Aug. 04, 2020 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for October 19, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Aug. 03, 2020 Unopposed Motion to Continue Final Hearing filed.
Jul. 27, 2020 Respondent's Notice of Filing Petitioner's Discovery Responses filed.
Apr. 09, 2020 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for August 18, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Apr. 03, 2020 Unopposed Motion to Continue Final Hearing filed.
Apr. 01, 2020 Order Granting Official Recognition of Court Records.
Jan. 21, 2020 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for April 28, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Jan. 16, 2020 Second Unopposed Motion to Continue Final Hearing filed.
Nov. 26, 2019 Respondent's Request for Official Recognition filed.
Nov. 21, 2019 Respondent's Response to Petitioner's First Request for Production of Documents filed.
Nov. 07, 2019 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for February 4, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Nov. 06, 2019 Unopposed Motion Continue Final Hearing filed.
Oct. 10, 2019 Respondent's Notice of Taking Deposition Duces Tecum filed.
Oct. 10, 2019 Petitioner's Notice of Serving Answers to First Set of Interrogatories to Respondent filed.
Sep. 24, 2019 Respondent's First Request for Admissions to Petitioner filed.
Sep. 24, 2019 Respondent's First Request for Production to Petitioner filed.
Sep. 24, 2019 Respondent's Notice of Serving First Set of Interrogatories to Petitioner filed.
Sep. 20, 2019 Order of Pre-hearing Instructions.
Sep. 20, 2019 Notice of Hearing by Video Teleconference (hearing set for November 19, 2019; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Sep. 20, 2019 Joint Response to Initial Order filed.
Sep. 20, 2019 Notice of Appearance filed.
Sep. 13, 2019 Initial Order.
Sep. 12, 2019 Agency action letter filed.
Sep. 12, 2019 Petition for Hearing filed.
Sep. 12, 2019 Referral Letter filed.

Orders for Case No: 19-004819
Issue Date Document Summary
Mar. 04, 2021 Agency Final Order
Dec. 07, 2020 Recommended Order Petitioner was convicted of specified criminal offenses, requiring the forfeiture of all his rights and benefits under the Florida Retirement System, except for the return of accumulated contributions.
Source:  Florida - Division of Administrative Hearings

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